TM 5-814-7
CHAPTER 2
REGULATORY FRAMEWORK
treatment and landfills, respectively. The second set of
2-1. Federal regulations
standards contained in subpart F, establishes criteria for
a. The Resource Conservation and Recovery Act
a ground-water monitoring and response program
(42 USC 6901 et. seq.) or, as it is more commonly
applicable to land disposal/land treatment facilities.
referred to, (RCRA), requires all operators of hazardous
waste management facilities to apply to the US
2-2. State and local regulatory requirements.
Environmental Protection Agency (EPA) or an authorized
a. state cannot assume the responsibility for
state agency for a permit to operate the facility. In
regulating hazardous wastes until the administrator of
addition to providing compliance requirements for the
EPA determines that the state program is equivalent to
private sector, (RCRA) mandates compliance for each
the Federal requirements. Thus, the EPA standards are
department, agency and instrumentality of the executive,
minimum requirements; nothing prevents states from
legislative and judicial branches of the Federal
establishing additional or more stringent regulations. In a
Government (42 USC 6961, subtitle F). Subtitle F states
number of states this is precisely the situation. For
that the compliance is to be "... both substantive and
example, the majority of states have laws which actively
procedural (including any requirements for permits or
discourage the use of land disposal for hazardous
reporting or any injunctive relief and such sanctions as
wastes or ban burial of these materials; New York has
may be imposed by a court to enforce such relief).
denied land disposal permits on the grounds that
Neither the United States nor any agency, employee or
applicants failed to provide adequately for alternative
officer thereof shall be immune or exempt from any
technologies to landfilling (US Congress, Office of
process or sanction or any State or Federal Court with
Technology Assessment IOTA], 1983). In other states
respect to the enforcement of any such injunctive relief."
the laws may require additional permits for hazardous
b. The applicability of (RCRA) as the primary
waste facilities besides those required by (RCRA), or
instrument
regulating
the
treatment,
storage,
they may have commissions authorized to impose more
transportation and disposal of hazardous wastes is
stringent land use controls than the state regulatory
underscored by 42 USC 6905, subtitle A. This part of the
program. It is therefore, necessary for the facility
law instructs EPA to avoid administrative and
designer to review the requirements of the state where
enforcement duplication by integrating the program of
the facility is or will be located.
(RCRA) regulations to the maximum extent possible with
b. In addition, it is important to determine whether
applicable provisions of the--
Clean Water Act
or not the state is fully authorized to control its hazardous
Safe Drinking Water Act
waste management program. As of February 1983, 16
Clean Air Act
states were operating under cooperative arrangements
Federal Insecticide, Fungicide and Rodenticide
or partial authorizations; 34 states and 1 territory had
Act
interim authorization, while 9 states had partially satisfied
Marine Protection Research and Sanctuaries Act
the Phase II requirements leading to complete
c. The principal source of design criteria for land
authorization of their program.
c. The differences between states will usually be
treatment/disposal facilities, is title 40, (CFR) part 264.
Other sections of the law and regulatory program, such
related to the types and quantities of controlled wastes,
as the definitions in part 260 and the hazardous waste
exemptions, geotechnical requirements, and the use of
criteria in part 261, may also influence the design of
more specific design criteria to implement part 264
facilities in a less direct manner. Presented in appendix
performance standards. Early review of applicable state
B are the parts of 40 (CFR) and the elements of those
requirements, and a comparison of their technical and
parts pertinent to this technical manual.
regulatory elements with the EPA program can disclose
d. The (RCRA) part 264 regulations consist
any variations which may affect design work. Appendix
primarily of two sets of performance standards-one for
B further defines the individual state programs by
land disposal/land treatment units and the other for
comparing the "universe of regulated wastes" with the
ground-water monitoring. The first set of standards,
(RCRA) waste listing and identifying land disposal
contained in subparts K through N of the regulations,
restrictions and siting procedures for each state.
d. Local controls will be secondary to state and
enumerates design and operating standards separately
tailored to surface impoundments, waste piles, land
federal requirements with respect to Army installations;
2-1
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